F 




LIBRARY OF CONGRESS 




017 060 604 8 



Conservation Resources 
Lii-Free» Type I 
Ph 8.5, Buffered 



P 737 

J6 U55 
Copy i 



FLATHEAD INDIAN 
RESERVATION 



RELATING TO THE FLATHEAD INDIAN RESERVATION 

IN THE STATE OF MONTANA; PROVIDING FOR THE 

OPENING OF THE SAME TO SETTLEMENT, THE 

CONSTRUCTION OF IRRIGATING SYSTEMS, 

AND THE DISPOSAL OF THE 

TIMBERLANDS 



COMPILED BY 



CHARLES W. DRAPER 

CLEEK COMMITTEE ON PUBLIC LANDS 
14 , %. 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1914 



/y- 3wi 



T 737 



COMMITTEE ON PUBLIC LANDS. 
HENRY L. MYERS, Montana, Chairman. 

MARCUS A. SMITH, Arizona. GEO. E. CHAMBERLAIN, Oregon. 

CHARLES S. THOMAS, Colorado. REED SMOOT, Utah. 

JOE T. ROBINSON, Arkansas. CLARENCE D. CLARK, Wyoming. 

WILLIAM H. THOMPSON, Kansas. JOHN D. WORKS, California. 

KEY PITTMAN, Nevada. ALBERT B. FALL, New Mexico. 

JOSEPH E. RANSDELL, Louisiana. GEORGE W. NORRIS, Nebraska. 

WILLIAM HUGHES, New Jersey. THOMAS STERLING, South Dakota. 
Charles W. Draper, Clerk. 



■). OF D, 



SEP 



; .;: 



FLATHEAD INDIAN RESERVATION. 



AN ACT For the survey and allotment of lands now embraced within the limits 
of the Flathead Indian Reservation, in the State of Montana, and the sale 
and disposal of all surplus lands after, allotment. 

Be it enacted by the /Senate and House of Representatives of the 
United States of Amercia in Congress assembled, That the Secretary Re f g^atfo^ J n Mont n 
of the Interior be, and he is hereby, directed to immediately cause to Allotment and sale 
be surveyed all of the Flathead Indian Reservation, situated within oC voi ds i2"'p. 975. 
the State of Montana, the same being particularly described and set 
forth in article two of a certain treaty entered into by and between 
Isaac H. Stevens, governor and superintendent of Indian affairs for 
the Territory of Washington, on the part of the United States, and 
the chiefs, headmen, and delegates of the confederated tribes of the 
Flathead, Kootenai, and Upper Pend d'Oreille Indians, on the six- 
teenth day of July, eighteen hundred and fifty-five. 

Sec. 2. That so soon as all of the lands embraced within said Flat- Allotments. 
head Indian Reservation shall have been surveyed, the Commissioner 
of Indian Affairs shall cause allotments of the same to be made to all 
persons having tribal rights with said confederated tribes of Flat- 
heads, Kootenais, Upper Pend d'Oreille, and such other Indians and 
persons holding tribal relations as may rightfully belong on said 
Flathead Indian Reservation, including the Lower Pend d'Oreille or 
Kalispel Indians now on the reservation, under the provisions of the 
allotment laws of the United States. 

Sec. 3. That upon the final completion of said allotments to said . c ° mmi ^ sl0 1 1 | t tt aP fl 
Indians, the President of the United States shall appoint a commis- lands. 
sion consisting of five persons to inspect, appraise, and value all of 
the said lands that shall not have been allotted in severalty to said 
Indians, the said persons so constituting said commission to be as 
follows : Two of said commissioners so named by the President shall composition of. 
be two persons now holding tribal relations with said Indians — the 
same may be designated to the President by the chiefs and headmen 
of said confederated tribes of Indians, two of said commissoners shall 
be resident citizens of the State of Montana, and one of said com- 
missioners shall be a United States special Indian agent or Indian 
inspector of the Interior Department. 

Sec. 4. That within thirty days after their appointment said com- organization or 
mission shall meet at some point within the boundaries of said Flat- commisslon - 
head Indian Reservation and organize by the election of one of their 
number as chairman. Said commission is hereby empowered to 
select a clerk at a salary not to exceed seven dollars per day. cierk. 

Sec. 5. That said commissioners shall then proceed to personally Classification, etc., 
inspect and classify and appraise, by the smallest legal subdivisions of ° an s ' 
forty acres each, all of the remaining lands embraced within said res- 
ervation. In making such classification and appraisement said lands 
shall be divided into the following classes : First, agricultural land of 
the first class; second, agricultural land of the second class; third, 
timber lands, the same to be lands more valuable for their timber than 
for any other purpose; fourth, mineral lands; and fifth, grazing 
lands. 

3 



ACTS RELATING TO FLATHEAD INDIAN RESERVATION. 



Timber lands. 



Mineral lands. 
Compensation. 



Time limit. 



Disposal of lands. 



Timber and school 
lands excepted. 

Selection of 
school lands in lieu 
of lands formerly 
allotted. 



Proviso. 

Price to be paid 
Indians. 



Opening to settle- 
ment. 



Provisos. 

Existing rights of 
soldiers and sailors 
unimpaired. 

Vol. 31, p. 847. 

R. S., sees. 2304, 
2305, p. 422. 



Payments. 



Forfeiture, 
funds. 



Sec. 6. That said commission shall in their report of lands of the 
third class determine as nearly as possible the amount of standing 
saw timber on legal subdivisions thereof and fix a minimum price for 
the value thereof, and in determining the amount of merchantable 
timber growing thereon they shall be empowered to employ a timber 
cruiser, at a salary of not more than eight dollars per day while so 
actually employed, with such assistants as may be necessary, at a 
salary not to exceed six dollars per day while so actually employed. 
Mineral lands shall not be appraised as to value. 

Sec. 7. That said commissioners, excepting said special agent and 
inspector of the Interior Department, shall be paid a salary of not 
to exceed ten dollars per day each while actually employed in the 
inspection and classification of said lands; such inspection and classi- 
fication to be fully completed within one year from date of" the 
organization of said commission. 

Sec. 8. That when said commission shall have completed the clas- 
sification and appraisement of all of said lands and the same shall 
have been approved by the Secretary of the Interior, the land shall 
be disposed of under the general provisions of the homestead, min- 
eral, and town-site laws of the United States, except such of said 
lands as shall have been classified as timber lands, and excepting 
sections sixteen and thirty-six of each township, which are hereby 
granted to the State of Montana for school purposes. And in case 
either of said sections or parts thereof is lost to the said State of 
Montana by reason of allotments thereof to any Indian or Indians 
now holding the same, or otherwise, the governor of said State, with 
the approval of the Secretary of the Interior, is hereby authorized, 
in the tract under consideration, to locate other lands not occupied, 
not exceeding two sections in any one township, and such selections 
shall be made prior to the opening of such lands to settlement: 
Provided, That the United States shall pay to said Indians for the 
lands in said sections sixteen and thirty-six, or the lands selected in 
lieu thereof, the sum of one dollar and twenty-five cents per acre. 

Sec. 9. That said lands shall be opened to settlement and entry by 
proclamation of the President, which proclamation shall prescribe 
the time when and the manner in which these lands may be settled 
upon, occupied, and entered by persons entitled to make entry 
thereof, and no person shall be permitted to settle upon, occupy, or 
enter any of said lands, except as prescribed in such proclamation: 
Provided, That the rights of honorably discharged Union soldiers 
and sailors of the late civil and the Spanish wars, as defined and de- 
scribed in sections twenty-three hundred and four and twenty-three 
hundred and five of the Revised Statutes, as amended by the act of 
March first, nineteen hundred and one, shall not be abridged : Provided 
further, That the price of said lands shall be the appraised value 
thereof, as fixed by the said commission, but settlers under the home- 
stead law who shall reside upon and cultivate the land entered in 
good faith for the period required by existing law shall pay one- 
third of the appraised value in cash at the time of entry, and the re- 
mainder in five equal annual installments to be paid one, two, three, 
four, and five years, respectively, from and after the date of entry, 
and shall be entitled to a patent for the lands so entered upon the 
payment to the local land officers of said five annual payments, and 
in addition thereto the same fees and commissions at the time of 
commutation or final entry as now provided by law where the price 
of the land is one dollar and twenty-five cents per acre, and no other 
and further charge of any kind Avhatsoever shall be required of such 
settler to entitle him to a patent for the land covered by his entry: 
Provided, That if any entryman fails to make such payments, or 
any of them, within the time stated, all rights in and to the land 



ACTS RELATING TO FLATHEAD INDIAN RESERVATION. 5 

covered by his or her entry shall at once cease, and any payments 

theretofore made shall be forfeited, and the entry shall be forfeited e ntn'fs h VoVa°f^™teci e 

and canceled: And provided, That nothing in this act shall prevent R. s e , S see. 2301,%; 

homestead settlers from commuting their entries under section 421- 

twenty-three hundred and one, Eevised Statutes, by paying for the 

land entered the price fixed by said commission, receiving credit for 

payments previously made. 

Sec. 10. That only mineral entry may be made on such of said lands Mineral-land en- 
as said commission shall designate and classify as mineral under the 
general provisions of the mining laws of the United States, and min- 
eral entry may also be made on any of said lands whether designated 
by said commission as mineral lands or otherwise, such classification 
by said commission being only prima facie evidence of the mineral or 
nonmineral character of the same: Provided, That no such mineral Exceptions 
locations shall be permitted upon any lands allotted in severalty to an 
Indian. 

Sec. 11. That all of said lands returned and classified by said com- lai f d | Ie of timber 
mission as timber lands shall be sold and disposed of by the Secretary 
of the Interior under sealed bids to the highest bidder for cash or at 
public auction, as the Secretary of the Interior may determine, under 
such rules and regulations as he may prescribe. 

Sec. 12. That the President may reserve and except from said lands For e cathonc' r n 
not to exceed nine hundred and sixty acres for Catholic mission gious organizations! 
schools, church, and hospital and such other eleemosynary institutions Post ' p " 1080- 
as may now be maintained by the Catholic Church on said reserva- 
tion, which lands are hereby granted to those religious organizations 
of the Catholic Church now occupying the same, known as the Society 
of Jesus, the Sisters of Charity of Providence, and the Ursuline Nuns, 
the said lands to be granted in the following amounts, namely, to the 
Society of Jesus, six hundred and forty acres, to the Sisters of Charity 
of Providence, one hundred and sixty acres, and to the Ursuline Nuns, 
one hundred and sixty acres, such lands to be reserved and granted 
for the uses indicated only so long as the same are maintained and 
occupied by said organizations for the purposes indicated. The i ig f ° u r g ot or e |anizl- 
President is also authorized to reserve lands upon the same conditions tions. 
and for similar purposes for any other missionary or religious societies 
that may make application therefor within one year after the passage 
of this act, in such quantity as he may deem proper. The President For agency, etc., 
may also reserve such of said lands as may be convenient or necessary 
for the occupation and maintenance of any and all agency buildings, 
substations, mills, and other governmental institutions now in use on 
said reservation or which may be used or occupied by the Govern- 
ment of the United States. 

Sec 13. That all of said lands classified as agricultural lands of the po f e d ,e lan 'J s undis " 
first class and agricultural lands of the second class and grazing lands 
that shall be opened to settlement under this act remaining undis- 
posed of at the expiration of five years from the taking effect of this 
act shall be sold and disposed of to the highest bidder for cash, under 
rules and regulations to be presqribed by the Secretary of the Interior, 
at not less than their appraised value, and in tracts not to exceed six Maximum, 
hundred and f orty acres to any one person. 

Sec. 14. That the proceeds received from the sale of said lands in ee e^ i s Sposal of pro " 
conformity with this act shall be paid into the Treasury of the 
United States, and after deducting the expenses of the commission, 
of classification and sale of lands, and such other incidental expenses 
as shall have been necessarily incurred, and expenses of the survey 
of the lands, shall be expended or paid, as follows : One-half shall be 
expended from time to time by the Secretary of the Interior as he 
may deem advisable for the benefit of the said Indians and such per- 
sons having tribal rights on the reservation, including the Lower 



} ACTS RELATING TO FLATHEAD INDIAN RESERVATION. 

Pend d'Oreille or Kalispel (hereon at the time that this act shall take 
effect, in the construction of irrigation ditches, the purchase of stock 
cattle, farming implements, or other necessary articles to aid the 
Indians in farming and stock raising, and in the education and 
civilization of said Indians, and the remaining half to be paid to the 
said Indians and such persons having tribal rights on the reservation, 
including the Lower Pend d'Oreille or Kalispel thereon at the date 

Ante. p. 304. of the proclamation provided for in section nine hereof, or expended 
on their account, as they may elect, 
lands reserved. for Sec. 15. That there is hereby appropriated, out of any money in 

Appropriation. the Treasury not otherwise appropriated, the sum of one hundred 
thousand dollars, or so much thereof as may be necessary, to pay for 
the lands granted to the State of Montana and for lands reserved for 

Ante, pp. 303, 304. agency, school, and mission purposes, as provided in sections eight 
and twelve of this act, at the rate of one dollar and twenty-five cents 

Reimbursement. p er acre; also the sum of seventy-five thousand dollars, or so much 
thereof as may be necessary, the same to be reimbursable out of the 
funds arising from the sale of said lands to enable the Secretary of 

Ante, p. 302. the Interior to survey the lands of said reservation as provided in 
section one of this act. 

Liability of the Sec. 16. That nothing in this act contained shall in any manner 
united states Hm- j^j ^j ie "Tj n jted States to purchase any portion of the land herein 
described, except sections sixteen and thirty-six, or the equivalent, in 
each township, and the reserved tracts mentioned in section twelve, or 
to dispose of said land except as provided herein, or to guarantee to 
find purchasers for said lands or any portion thereof, it being the 
intention of this act that the United States shall act as trustee for 
said Indians to dispose of said lands and to expend and pay over the 
proceeds received from the sale thereof only as received. 
Approved, April 23, 1904. (33 Stat. L., p. 302.) 



AN ACT Making appropriations for the current and contingent expenses of the 
Indian Department and for fulfilling treaty stipulations with various Indian 
tribes for the fiscal year ending June thirtieth, nineteen hundred and six, and 
for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled— 

******* 

Sec. 9. That section twelve, chapter fourteen hundred and ninety- 
five, Statutes of the United States of America, entitled "An act for 
the survey and allotment of lands now embraced within the limits of 
the Flathead Indian Reservation, in the State of Montana, and the 
sale and disposal of all surplus lands after allotment," be, and the 
same is hereby, amended so as to read as follows : 
mission f s ch£o1s h etc C " Sec. 12. That the President may reserve and except from said 
Ante, p. 304; lands not to exceed one thousand two hundred and eighty acres for 
Catholic mission schools, church, and hospital, and such other elee- 
mosynary institutions as may now be maintained by the Catholic 
Church on said reservation, which lands are hereby granted to those 
religious organizations of the Catholic Church now occupying the 
same, known as the Society of Jesus, the Sisters of Charity of Provi- 
dence, and the Ursuline Nuns, the said lands to be granted in the fol- 
lowing amounts, namely: To the Society of Jesus, six hundred and 
forty acres; to the Sisters of Charity of Providence, three hundred 
and twenty acres; and to the Ursuline Nuns, three hundred and 
twenty acres, such lands to be reserved and granted for the uses indi- 
cated only so long as the same are maintained, used, and occupied by 



ACTS RELATING TO FLATHEAD INDIAN RESERVATION. 7 

said organizations for the purposes indicated, except that forty acres 

of the six hundred and forty acres hereinbefore mentioned as granted 

to the Society of Jesus are hereby granted in fee simple to said 

Society of Jesus, its successors and assigns : And he it further pro- proviso. 

vided, That the President shall further reserve and except from said unwereUy^Mon" 

lands for the use of the University of Montana for biological station tana. 

purposes one hundred and sixty acres, which land is hereby granted 

to the State of Montana for the use of the University of Montana. 

The governor of said State, with the approval of the Secretary of the 

Interior, is hereby authorized to locate said last-mentioned lands. 

" The President is also authorized to reserve lands upon the same Land for other 
conditions and for similar purposes for any other missionary or reli- tf n| 10us orgamza " 
gious societies that may make application therefor within one year 
after the passage of this act in such quantity as he may deem proper. 
The President may also reserve such of said lands as may be conven- 
ient or necessary for the occupation and maintenance of any and all 
agency buildings, substations, mills, and other governmental insti- 
tutions now in use on said reservation, or which may be used or 
occupied by the Government of the United States." 

The President is also hereby authorized to reserve not to exceed five Indian fuel sup- 
thousand acres of timber lands for the use of said Indians as a fuel PJ ' 
supply, undr such restrictions and regulations as may be prescribed 
by the Secretary of the Interior. 

Approved, March 3, 1905. (33 Stat. L., p. 1080.) 



AN ACT Making appropriations for the current and contingent expenses of the 
Indian Department, for fulfilling treaty stipulations with various Indian 
tribes, and for other purposes, for the fiscal year ending June thirtieth, nine- 
teen hundred and seven. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled — 

FLATHEAD RESERVATION. 

That the act of April twenty-third, nineteen hundred and four Town-site provi- 
(Thirty-third Statutes at Large, page three hundred and two), en- 
titled " An act for the survey and allotment of lands now embraced 
within the limits of the Flathead Indian Eeservation, in the State of 
Montana, and the sale and disposal of all surplus lands after allot- 
ment," as amended by section nine of the act of March third, nine- 
teen hundred and five (Thirty-third Statutes at Large, page one 
thousand and forty-eight), be amended by adding the following sec- 
tions : 

" Sec. 17. That the Secretary of the Interior is hereby authorized . Town site author- 
and directed to reserve and set aside for town-site purposes, and to 
survey, lay out, and plat into town lots, streets, alleys, and parks not 
less than forty acres of said land at or near each of the present set- 
tlements of Arlee, Dayton, Eavalli, Dixon, and Eonan, and not less 
than eighty acres at the present settlements of Saint Ignatius and 
Poison, and at such other places as the Secretary of the Interior may 
deem necessary or convenient for town sites, in such manner as will 
best subserve the present needs and the reasonable prospective growth 
of said settlements. 

" Such town sites shall be surveyed, appraised, and disposed of as surveys, etc. 
provided in section twenty-three hundred and eighty-one of the E - s -> 2381 > p- 436 - 
United States Eevised Statutes: Provided, That any person who, at Provisos. 
the date when the appraisers commence their work upon the land, pa ntsf hts ° f ° ccu 



8 



ACTS RELATING TO FLATHEAD INDIAN RESERVATION. 



shall be an actual resident upon any one such lot and the owner of 
substantial and permanent improvements thereon, and who shall 
maintain his or her residence and improvements on such lot to the 
date of his or her application to enter, shall be entitled to enter, at 
any time prior to the day fixed for the public sale and at the ap- 
praised value thereof, such lot and any one additional lot of which 
he or she may also be in possession and upon which he or she may 
^Receiving proof, have substantial and permanent improvements: Provided further, 
That before making entry of any such lot or lots the applicant shall 
make proof, to the satisfaction of the register and receiver of the 
land district in which the land lies, of such residence, possession, and 
ownership of improvements, under such regulations as to time, 
notice, manner, and character of proof as may be prescribed by the 
Commissioner of the General Land Office, with the approval of the 
Duties of appra is- Secretary of the Interior: Provided further, That in making their 
appraisal of the lots so surveyed, it shall be the duty of the ap- 
praisers to ascertain the names of the residents upon and occupants 
of any such lots, the character and extent of the improvements 
thereon, and the name of the reputed owner thereof, and to report 
their findings in connection with their report of appraisal, which 
report of findings shall be taken as prima facie evidence of the facts 
therein set out. All such lots not so entered prior to the day fixed 
for the public sale shall be offered at public outcry in their regular 
order, with the other unimproved and unoccupied lots; that no lot 
shall be sold for less than ten dollars : And provided further, That 
said lots, when surveyed, shall approximate fifty by one hundred 
and fifty feet in size. 

" Sec. 18. That the Secretary of the Interior is hereby authorized 
and directed to reserve and set aside one hundred and sixty acres of 
land at and surrounding the present hot springs, situated on said 
reservation near the settlement of Camas. 

" That said hot springs and the said one hundred and sixty acres 
of land last mentioned shall be under the control and direction of the 
Secretary of the Interior, under such rules and regulations as he may 
prescribe, but any and all moneys that shall be derived from such use 
shall be for the benefit of the persons holding tribal relations with 
said tribes of Indians, the same to be disbursed as provided in section 
thirteen of this act. 

" Sec. 19. That nothing in this act shall be construed to deprive 
any of said Indians, or said persons or corporations to whom the use 
of land is granted by the act, of the use of water appropriated and 
used by them for the necessary irrigation of their lands or for do- 
mestic use or any ditches, dams, flumes, reservoirs, constructed and 
used by them in the appropriation and use of said water. 

" Sec. 20. That there is hereby appropriated, for the survey, ap- 
praisement, and sale of said town sites, out of any money in the 
Treasury not otherwise appropriated, the sum of fifteen thousand 
dollars, or so much thereof as may be necessary, the same to be reim- 
bursable out of the funds arising from the sale of said lands: Pro- 
vided, That the persons employed or detailed under this appropria- 
tion shall be allowed therefrom while on duty a per diem in lieu of 
subsistence, at a rate to be fixed by the Secretary of the Interior, not 
exceeding three dollars per day each, and actual necessary expenses 
for transportation, including necessary sleeping-car fares." 



Size of lots. 



Camas H 
Springs reserved 



Control, etc. 



Water rights. 



Appropriation for 
expenses. 



Proviso. 
Per diem 
employees. 



Approved, June 21, 1906. (34 Stat. L., p. 354.) 



ACTS RELATING TO FLATHEAD INDIAN RESERVATION". 9 

AN ACT Making appropriations for the current and contingent expenses of the 
Indian Department, for fulfilling treaty stipulations with various Indian 
tribes, and for other purposes, for the fiscal year ending June thirtieth, nine- 
teen hundred and eight. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled — 

To enable the Secretary of the Interior to complete the survey, Allotment, etc. 
allotment, classification, and appraisement of the lands in the Flat- 
head Indian Reservation, Montana, thirty thousand dollars: Pro- Reimbursement 
vided, That this sum shall be reimbursed the United States from the 
proceeds of the sale of the surplus lands after the allotments are 
made. 

Approved, March 1, 1907. (34 Stat. L., p. 1034.) 

AN ACT Making appropriations to supply urgent deficiencies in the appro- 
priations for the fiscal year ending June thirtieth, nineteen hundred and 
eight, and for prior years, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled — 

For expense of surveys, allotment of lands to Indians, salaries 
and expenses of the commission heretofore appointed for the classi- 
fication of the Flathead Indian Eeservation lands, and other inci- 
dental expenses in connection with the appraisement, classification. Appraisement, al- 
and sale of the lands embraced in the Flathead Indian Reservation for™etc., C e^)enses 011 
in the State of Montana, the sum of sixty thousand dollars, the same 
to be reimbursable from the sale of said lands. 

* # * * * * • * 

Approved, February 15, 1908. (35 Stat. L., p. 19.) 



AN ACT Making appropriations for the current and contingent expenses of the 
Indian Department, for fulfilling treaty stipulations with various Indian 
tribes, and for other purposes, for the fiscal year ending June thirtieth, 
nineteen hundred and nine. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled— 

* * . * * * * * 

For preliminary surveys, plans, and estimates of irrigating sys- irrigation, 
terns to irrigate the allotted lands of the Indians of the Flathead Preliminary °sur- 
Reservation in Montana and the unallotted irrigable lands to be ™|' t s e | )lans ' and esti " 
disposed of under the act of April twenty-third, nineteen hundred 
and four, entitled "An act for the survey and allotment of lands now 
embraced within the limits of the Flathead Indian Reservation in 
the State of Montana, and the sale and disposal of all surplus lands 
after allotment," and to begin the construction of the same, fifty 
thousand dollars, the cost of said entire work to be reimbursed from 
the proceeds of the sale of the lands within said reservation. 
******* 

Approved, April 30, 1908. (35 Stat. L., p. 83.) 



AN ACT Making appropriations for the Department of Agriculture for the 
fiscal year ending June thirtieth, nineteen hundred and nine. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled— 

******* 

56832—14 2 



10 



ACTS RELATING TO FLATHEAD INDIAN RESERVATION. 



National Bison 
Range, Mont. 



Tayment to 
dians. 



Fencing, etc. 



National bison range : The President is hereby directed to reserve 
mid except from the unallotted lands now embraced within the Flat- 
head Indian Reservation, in the State of Montana, not to exceed 
twelve thousand eight hundred acres of said lands, near the conflu- 
ence of the Pend d'Oreille and Jocko rivers, for a permanent national 
bison range for the herd of bison to be presented by the American 
Bison Society. And there is hereby appropriated the sum of thirty 
thousand dollars, or so much thereof as may be necessary, to enable 
the Secretary of the Interior to pay the confederated tribes of the 
Flathead, Kootenai, and Upper Pend d'Oreille, and such other In- 
dians and persons holding tribal relations or may rightfully belong 
on said Flathead Indian Reservation, the appraised value of said 
lands as shall be fixed and determined under the provisions of the 
Act of Congress approved April twenty-third, nineteen hundred and 
four, entitled "An Act for the survey and allotment of lands now 
embraced within the limits of the Flathead Indian Reservation, in 
the State of Montana, and the sale and disposal of all surplus lands 
after allotment." And the Secretary of Agriculture is hereby au- 
thorized and directed to inclose said lands with a good and substan- 
tial fence and to erect thereon the necessary sheds and buildings for 
the proper care and maintenance of the said bison; and there is 
here% appropriated therefor the sum of ten thousand dollars or so 
much thereof as may be necessary ; in all, forty thousand dollars. 



Approved, May 23, 1908. (35 Stat: L., p. 267.) 



AN ACT To authorize the Secretary of the Interior to issue patents in fee to 
purchasers of Indian lands under any law now existing or hereafter enacted, 
and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled — 



Allotment and sale Sec. 15. That section nine, chapter fourteen hundred and ninety - 

vol S 33?' p. 304, five, Statutes of the United States of America, entitled "An act for 

amended. ^ ne surv ey and allotment of lands now embraced within the limits of 

the Flathead Indian Reservation, in the State of Montana, and the 

sale and disposal of all surplus lands after allotment," be, and the 

same is hereby, amended to read as follows : 

" Sec. 9. That said lands shall be opened to settlement and entry 
by proclamation of the President, which proclamation shall prescribe 
the time when and the manner in which these lands may be settled 
upon, occupied, and entered by persons entitled to make entry thereof, 
and no person shall be permitted to settle upon, occupy, or enter any 
of said lands, except as prescribed in such proclamation : Provided, 
rights *iiot"&t- That the rights of honorably discharged Union soldiers and sailors of 
feC R ed s., sees. 2304, the late civil and the Spanish wars, as defined and prescribed in sec- 
2305, pV 422. ' _ ' tion twenty-three hundred and four and twenty-three hundred and five 
of the Revised Statutes, as amended by the act of March first, nine- 
teen hundred and one, shall not be abridged : Provided further, That 
the price of said lands shall be the appraised value thereof, as fixed by 
the said commission, but settlers under the homestead law who shall 
reside upon and cultivate the land entered in good faith for the period 
required by existing law shall pay one-third of the appraised value in 
cash at the time of entry, and the remainder in five equal annual 
installments, to be paid one, two, three, four, and five years, respec- 
tively, from and after the date of entry, and shall be entitled to a 
patent for the lands so entered upon the payment to the local land 
officers of said five annual payments, and in addition thereto the 



Lands opened to 
settlement. 



Provisos. 
Soldiers' and sail- 



Vol. 31, p. 847. 



Payments. 



ACTS RELATING TO FLATHEAD INDIAN" RESERVATION. H 

same fees and commissions at the time of commutation or final entry 
as now provided by law where the price of the land is one dollar and 
twenty-five cents per acre, and no other and further charge of any 
kind whatsoever shall be required of such settler to entitle him to a 
patent for the land covered by his entry: Provided, That if any entry- 
man fails to make such payments, or any of them, within the time 
stated, all rights in and to the land covered by his or her entry shall 
at once cease, and any payments theretofore made shall be forfeited, Forfeiture, 
and the entry shall be forfeited and canceled: And provided, That 
nothing in this act shall prevent homestead settlers from commuting commutation. 
their entries under section twenty-three hundred and one, Eevised p 421 s '' sec- 2301 ' 
btatutes, by paying for the land entered the price fixed by said com- 
mission, receiving credit for payments previously made: Provided, 
however, That the entryman or owner of any land irrigable by any irrigable lands, 
system hereunder constructed under the provisions of section four- am ^ nd eci 33 ' p- 304 ' 
teen of this act shall, in addition to the payment required by section 
nine of said act, be required to pay for a water right the proportionate water rights, 
cost of the construction of said system in not more than fifteen 
annual installments, as fixed by the Secretary of the Interior, the 
same to be paid at the local land office, and the register and receiver Payments for. 
shall be allowed the usual commissions on all moneys paid. 

"The entryman of lands to be irrigated by said system shall, in Reclamation 
addition to compliance with the homestead laws, reclaim at least °ands. rt ° f imgable 
one-half of the total irrigable area of his entry for agricultural pur- 
poses, and before receiving patent for the lands covered by his entry 
shall pay the charges apportioned against such tract. No right to Restriction. 
the use of water shall be disposed of for a tract exceeding one hun- 
dred and sixty acres to any one person, and the Secretary of the 
Interior may limit the areas to be entered at not less than forty nor 
more than one hundred and sixty acres each. 

"A failure to make any two payments when due shall render the cancellation and 
entry and water-right application subject to cancellation, with the 
forfeiture of all rights under this act, as well as of any moneys paid 
thereon. The funds arising hereunder shall be paid into the Treas- ce ^g Sposal of pro ~ 
ury of the United States and be added to the proceeds derived from 
the sale of the lands. No right to the use of water for lands in pri- 
vate ownership shall be sold to any landowner unless he be an actual 
bona fide resident on such land or occupant thereof residing in the 
neighborhood of such land, and no such right shall permanently at- 
tach until all payments therefor are made. 

"All applicants for water rights under the systems constructed in Payment of an- 
pursuance of this act shall be required to pay such annual charges for nual cnarges - 
operation and maintenance as shall be fixed by the Secretary of the 
Interior, and the failure to pay such charges when due shall render Forfeiture. 
the water-right application and the entry subject to cancellation, 
with the forfeiture of all rights under this act as well as of any mon- 
eys already paid thereon. 

" The Secretary of the Interior is hereby authorized to fix the time Regulations. 
for the beginning of such payments and to provide such rules and 
regulations in regard thereto as he may deem proper. Upon the can- Disposal of can- 
cellation of any entry or water- right application, as herein provided, c eied entries, etc 
such lands or water rights may be disposed of under the terms of this 
act and at such price and on such conditions as the Secretary of the 
Interior may determine, but not less than the cost originally fixed. 

" The land irrigable under the systems herein provided, which has water rights free 
been allotted to Indians in severalty, shall be deemed to have a right t0 Indians - 
to so much water as may be required to irrigate such lands without 
cost to the Indians for construction of such irrigation systems. The Exemptions. 
purchaser of any Indian allotment, purchased prior to the expiration 
of the trust period thereon, shall be exempt from any and all charge 



12 



ACTS RELATING TO FLATHEAD INDIAN RESERVATION. 



Regulations. 



Disposal 
ceeds. 

Vol. 33, 
amended. 



of pro- 



for construction of the irrigation system incurred up to the time 

rio rata share of f suc i 1 purchase. All lands allotted to Indians shall bear their pro 

rata share of the cost of the operation and maintenance of the system 

under which they lie. 

wo HmA t,od iriiga " " When the payments required by this act have been made for the 

Maintenance major part of the unallotted lands irrigable under any system and 

subject to charges for such construction thereof, the management and 

operation of such irrigation works shall pass to the owners of the 

lands irrigated thereby, to be maintained at their expense under such 

form of organization and under such rules and regulations as may 

be acceptable to the Secretary of the Interior. 

" The Secretary of the Interior is hereby authorized to perform 
any and all acts to make such rules and regulations as may be neces- 
sary and proper for the purpose of carrying the provisions of this act 
into full force and effect." 

That section fourteen of said act be, and the same is hereby, 
amended to read as follows: 

" Sec. 14. That the proceeds received from the sale of said lands 
p. 305, in conformity with this act shall be paid into the Treasury of the 
United States, and after deducting the expenses of the commission, 
of classification and sale of lands, and such other incidental expenses 
penses ment ° f ex as shall have been necessarily incurred, and expenses of the survey of 
the land, shall be expended or paid, as follows: So much thereof as 
the Secretary of the Interior may deem advisable in the construction 
of irrigation systems, for the irrigation of the irrigable lands em- 
funds ° f L ' emainins braced within the limits of said reservation; one half of the money 
remaining after the construction of said irrigation systems to be 
expended by the Secretary of the Interior as he may deem advisable 
for the benefit of said Indians in the purchase of live stock, farming 
implements, or the necessary articles to aid said Indians in farming 
and stock raising and in the education and civilization of said In- 
dians, and the remaining half of said money to be paid to said 
Indians and persons holding tribal rights on said reservation, semi- 
annually as the same shall become available, share and share alike: 
Provided, That the Secretary of the Interior may witfthold from any 
Indian a sufficient amount of his pro rata share to pay any charge 
assessed against land held in trust for him for operation and main- 
tenance of irrigation system." 



Proviso. 
Payment of 
sessed charges. 



Approved, May 29, 1908. (35 Stat. L., p. 448.) 



AN ACT Making appropriations for the current and contingent expenses of the 
Indian Department, for fulfilling treaty stipulations with various Indian 
tribes, and for other purposes, for the year ending June thirtieth, nine- 
teen hundred and ten. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled-— 



Irrigation. 
Vol. 33, p. 305. 



Reimbursement. 



For construction of irrigation systems to irrigate the allotted 
lands of the Indians of the Flathead Reservation in Montana and 
the unallotted irrigable lands to be disposed of under the act of April 
twenty-third, nineteen hundred and four, entitled " An act for the 
survey and allotment of lands now embraced within the limits of the 
Flathead Indian Reservation in the State of Montana, and the sale 
and disposal of all surplus lands after allotment," including the nec- 
essary surveys, plans, and estimates, two hundred and fifty thou- 
sand dollars, one hundred thousand dollars thereof to be imme- 
diately available, the cost of said entire work to be reimbursed from 



ACTS RELATING TO FLATHEAD INDIAN RESERVATION. 13 

the proceeds of the sale of the lands and timber within said reser- 
vation. 

That the act of April twenty-third, nineteen hundred and four Allotments, etc., 
(Thirty-third Statutes at Large, page three hundred and two), vo ' ' p ; 
entitled " An act for the survey and allotment of lands now embraced 
within the limits of the Flathead Indian Reservation, in the State 
of Montana, and the sale and disposal of all surplus lands after allot- ][°, 1 ,' f 3 e 4, £■ 3 4 5 | 8 
ment," as amended by the act of June twenty-first, nineteen hundred amended/ 
and six, and the act of May twenty-ninth, nineteen hundred and 
eight, be amended by adding thereto the following sections : 

" Sec. 21. That the lands allotted, those retained or reserved, and pi .obibifed ntoxioants 
the surplus lands sold or otherwise disposed of shall be subject for a Prohibition term, 
period of twenty-five years to all the laws of the United States pro- 25 yearSp 
hibiting the introduction of intoxicants into the Indian country, and 
that the Indian allottees, whether under the care of an Indian agent Indian allottees. 
or not, shall for a like period be subject to all the laws of the United 
States prohibiting the sale or other disposition of intoxicants to 
Indians. 

" Sec. 22. That the Secretary of the Interior be, and he is hereby, V0 F r °^ e tes a ? d b r e eS re~ 
authorized, in his discretion, to reserve from location, entry, sale, or served, 
other appropriation all lands within said Flathead Indian Reserva- 
tion chiefly valuable for power sites or reservoir sites, and he shall g ress. por 
report to Congress such reservations." 

That section eleven of the act of April twenty-third, nineteen Timber Iands - 
hundred and four (Thirty-third Statutes at Large, page three hun- am ^nded? 3 ' P ' 3 ° 4 ' 
dred and two), entitled "An act for the survey and allotment of 
lands now embraced within the limits of the Flathead Reservation, 
in the State of Montana, and the sale and disposal of all surplus 
lands after allotment," be amended to read as follows : 

" Sec. 11. That all merchantable timber on said lands returned and al | e aI t e im k e merchant " 
classified by said commission as timber lands shall be sold and dis- 
posed of by the Secretary of the Interior, for cash, under sealed bids 
or at public auction, as the Secretary of the Interior may determine, 
and under such regulations as he may prescribe : Provided, That after s^of land 
the sale and removal of the timber such of said lands as are valuable 
for agricultural purposes shall be sold and disposed of by the Secre- 
tary of the Interior in such manner and under such regulations as he 
may prescribe." 

Approved, March 3, 1909. (35 Stat. L., p. 795.) 

• Department of the Interior. 

Washington, April 21, 1909. 

Sir: Section 22 of the act of March 3, 1909 (Public, No. 316), 
authorizes the Secretary of the Interior to reserve all land within 
the Flathead Indian Reservation, Mont., valuable chiefly for power 
or reservoir sites, and provides that " he shall report to Congress such 
reservations." 

In compliance with the act, I have the honor to advise you that 
the following described lands within this reservation have been 
reserved for the purposes mentioned in the act : 

Reservoir sites.— T. 19 N., R. 19 W., the E. £ of the E. *, of sec. 
10, and sees. 11 and 12. T. 17 N., R. 18 W., sees. 5 and 6. T. 21 
N., R. 24 W., lots 3 and 4 of sec. 3 and lot 1 of sec. 4. T. 22 N., 
R. 24 W., the S. i of the S. % of the SW. I of sec. 34—2,524.70 
acres. 

Power sites.— T. 22 N., R. 20 W., lot 2 of sec. 4 ; lots 5 and 6 of 
sec. 5: the SE. £ of the SW. \ of sec. 5; the S. \ of the SE. 4 of sec. 
7 ; lots 3, 4, 5, 7, 8, 9, the W. \ of lot 6, the NW. \ of the NW. \ and 



14 



ACTS RELATING TO FLATHEAD INDIAN RESERVATION. 



the W. i of the SE. 4. of the SW. i of sec. 8 
sec. 17; and lots 1, 2, 3, 4, 5, 6, 7, 8, and 
R. 21 W., lots 1, 2, and 3 of sec. 10; lots 1, 2 
sec. 11 ; the SW i of the SE £ and the SE J 
lots 1, 2, 3, 4, and 5 of sec. 12; lots 1, 2, 3, 
NW £ of the SE. i and the SE. -} of the NW. 
4, 5, 6, 7, 8, 9, 10, and 11 of sec. 15 ; lots 1, 
21 ; the N. i of the NE. \ of sec. 22 ; and lots 
22—2,452.30 acres. 

Very respectfully, 

The President of the Senate. 



; and lots 1, 2, and 3 of 
9 of sec. 18. T. 22 N., 
, 3, 4, 5, 6, 7, 8, and 9 of 
of the SW. I of sec. 11 ; 
4, and 5 of sec. 13 ; the 
i of sec. 13 ; lots 1, 2, 3, 
2, 3, 6, 7, and 8 of sec. 
1, 2, 3, 4, 5, and 6 of sec. 

R. A. Ballinger, 

Secretary. 



AN ACT Making appropriations for the Department of Agriculture for 
fiscal year ending June thirtieth, nineteen hundred and ten. 



the 



Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled— 



and other reserva 
tions, 



Bi^on n Ra n ngel ationaI For the maintenance of the Montana National Bison Range and 
Maintenance of, other reservations for mammals and birds, seven thousand dollars; 
and so much of the forty thousand dollars heretofore appropriated 
for the Montana National Bison Range as remains unexpended is 
hereby reappropriated, the same to be immediately available, to be 
expended in fencing said lands, the erection thereon of the necessary 
sheds and buildings, and enlarging the limits heretofore established 
so as to make the total acreage not to exceed twenty thousand acres, 
and the President is hereby directed to reserve and except from the 
unallotted lands now embraced within the Flathead Indian Reserva- 
tion, in the State of Montana, a sufficient area to enlarge said range 
as herein provided ; 



Enlargement. 



Approved, March 4, 1909. (35 Stat. L., p. 1051.) 



AN ACT Making appropriations to supply urgent deficiencies in appropriations 
for the fiscal year nineteen hundred and ten, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled — 



National Bison 
Range, Mont. 
Fencing, etc. 



National bison range : For additional expenses necessary in erect- 
ing and completing a fence on the national bison range, on the Flat- 
head Indian Reservation, in the State of Montana, and in construct- 
ing needed improvements thereon, seven thousand seven hundred 
dollars. 



Approved, February 25, 1910. (36 Stat. L., p. 215.) 



AN ACT Making appropriations for the current and contingent expenses of the 
Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian 
tribes, and for other purposes, for the fiscal year ending June thirtieth, 
nineteen hundred and eleven. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled— 



irrigation. For the construction of irrigation systems to irrigate the allotted 

lands of the Indians of the Flathead Reservation, in Montana, and 



ACTS RELATING TO FLATHEAD INDIAN RESERVATION. 15 

the unallotted irrigable lands to be disposed of under authority of 

law, including the necessary surveys, plans, and estimates, two 

hundred and fifty thousand dollars, one hundred thousand dollars 

of which shall be immediately available : Provided, That the amount Repayment. 

hereby appropriated, and all moneys heretofore or hereafter to be _- Vo1 - 35 > pp- 83 « 

appropriated, for this project shall be repaid into the Treasury of 

the United States in accordance with the provisions of the Act of 

April thirtieth, nineteen hundred and eight, and the Act of March 

third, nineteen hundred and nine. 

Approved, April 4, 1910. (36 Stat. L., p. 277.) 



AN ACT To amend the Act of April twenty-third, nineteen hundred and four 
(Thirty-third Statutes at Large, page three hundred and two), entitled "An 
Act for the survey and allotment of lands now embraced within the limits of 
the Flathead Indian Reservation, in the State of Montana, and the sale and 
disposal of all surplus lands after allotment," and all amendments thereto. . 

Be it enacted by the Senate and House of Representatives of the voi^sl^p^lol' 
United States of America in Congress assembled, That the Act of amended. ' 
April twenty-third, nineteen hundred and four (Thirty-third Stat- vol! tt\ p'. Hi'. 
utes at Large, page three hundred and two), entitled "An Act for 
the survey and allotment of lands now embraced within the limits of 
the Flathead Indian Reservation, in the State of Montana," and all 
amendments thereto, be amended by adding thereto the following 
sections : 

" Sec. 23. That the Secretary of the Interior be, and he is hereby, saMundWSi* 
authorized to cause to be surveyed and subdivided into lots of not ing. 
less than two acres or more than five acres in area all of the unallotted os ' p ' 
lands fronting on Flathead Lake in the State of Montana, that are 
embraced within the limits of the Flathead Indian Reservation, 
whether classified as grazing, agricultural, or timber lands, and may 
sell same to the highest bidder at public sale subject to the right to 
reject any and all bids. The proceeds from the sale of said lands, vo°. C 3 e 3 d , s p. 305. 
after deducting the expense of the survey and sale thereof, shall be vol. 3s| p. 450. 
paid into the Treasury and expended as heretofore provided in sec- 
tion fourteen as amended by the Act of May twenty-ninth, nineteen 
hundred and eight. 

" Sec. 24. That where allotments of lands have been made in sev- gaie S of b aiiotmeiits 
eralty to said Indians from the lands embraced within the area of on. 
said Flathead Indian Reservation, which are or may be irrigable lands, 
the Secretary of the Interior may, upon application of the Indian 
allottee, sell and dispose of not to exceed sixty acres of such indi- 
vidual allotment of land under such terms and conditions of sale 
as the Secretary of the Interior may prescribe, one-half of the pro- Proceeds, 
ceeds of the sale of said individual allotment to be paid to the Indian 
allottee and the remaining half of the proceeds of sale to be held in 
trust for the said Indian allottee, upon which he shall be paid 
annually not less than three per centum interest, the remaining prin- 
cipal sum to be paid to said allottee or his heirs when the full period 
of his trust patent for the remaining lands covered by his allotment 
shall have expired, or sooner, should the Secretary of the Interior, 
in his judgment, deem it best for said Indian allottee. 

" Sec. 25. That the Secretary of the Interior is hereby authorized e xch1!n™foT S reiin° 
to set aside and reserve so much of the surplus unallotted and other- quisned allotments 
wise unreserved lands of the Flathead Indian Reservation as may be on v P o°i W 35, e p. C '796 t . eS ' 
necessary to provide an allotment to each Indian having an allotment 
or any of the lands set aside and reserved for power or reservoir 
sites, as authorized by section twenty-two of the Act of March third, 
nineteen hundred and nine (Thirty-fifth Statutes at Large, page 



16 



ACTS RELATING TO FLATHEAD INDIAN RESERVATION. 



Condemnation of 
allotments on reser- 
voir sites. 



seven hundred and ninety-six), who may relinquish his allotment 
within such power or reservoir sites. 

"And in the event of the failure, neglect, or refusal of any such 
allottee to relinquish any allotment made to him on any land re- 
served or necessary for reservoir sites, as aforesaid, the Secretary of 
the Interior is authorized to bring action under the provision of the 
laws of the State of Montana to condemn and acquire title to any 
and all lands necessary or useful for said reservoir sites that have 
heretofore been allotted on said Flathead Indian Reservation lands." 

Approved, April 12, 1910. (36 Stat. L., p. 296.) 



AN ACT Providing that entrymen for homesteads within reclamation projects 
may assign their entries upon satisfactory proof of residence, improvement, 
and cultivation for five years, the same as though said entry had been made 
under the original homestead Act. 

ass ignmeut of Be it enacted by the Senate and House of Representatives of the 

sTeaV entries™ in United States of America in Congress assembled, That from and after 

reclamation p r o j- ^e gij n g w ith the Commissioner of the General Land Office of satis- 

patent to as- factory proof of residence, improvement, and cultivation for the five 

vol." 32, p. 388. years required by law, persons who have, or shall make, homestead 

entries within reclamation projects under the provisions of the Act 

of June seventeenth, nineteen hundred and two, may assign such 

entries, or any part thereof, to other persons, and such assignees, 

upon submitting proof of the reclamation of the lands and upon 

payment of the charges apportioned against the same as provided 

in the said Act of June seventeenth, nineteen hundred and two, may 

receive from the United States a patent for the lands: Provided, 

That all assignments made under the provisions of this Act shall be 

subject to the limitations, charges, terms, and conditions of the 

reclamation Act. 

Approved, June 23, 1910. (36 Stat. L., p. 592.) 



Proviso. 
Condition. 



Surreys, etc. 



AN ACT Making appropriation for sundry civil expenses of the Government for 
the fiscal year ending June thirtieth, nineteen hundred and eleven, and for 
other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled— 

* * * * * * * 

For completing the surveys within the Flathead Indian Reserva- 
tion, Montana, embracing town sites and the subdivision of unallot- 
ted lands fronting on Flathead Lake (reimbursable), ten thousand 
dollars. 



Approved, June 25, 1910. (36 Stat. L., p. 740.) 



AN ACT Making appropriations for the construction, repair, and preservation 
of certain public works on rivers and harbors, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled—- 



Poison Bay. 



Improving Poison Bay, Flathead Lake, Montana : Completing im- 
provement in accordance with the report submitted in House Docu- 
ment Numbered Six hundred and forty-five, Sixty-first Congress, 
second session, six thousand dollars. 



Approved, June 25, 1910. (36 Stat. L., p. 666.) 



ACTS RELATING TO FLATHEAD INDIAN RESERVATION. 



17 



AN ACT To provide for determining the heirs of deceased Indians, for the dis- 
position and sale of allotments of deceased Indians, for the leasing of allot- 
ments, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled— 

******* 

Sec. 29. That the Secretary of the Interior be, and he is hereby, of^aeaSt" "'^" 
authorized to classify and appraise, under such rules and regulations lands. 
as he may prescribe, all of the vacant, unallotted, and unreserved Vo1- 33 ' p- 302 ' 
lands of the Flathead Indian Eeservation, in the State of Montana, 
which have not been classified and appraised as provided for by the 
Act of Congress approved April twenty-third, nineteen hundred and 
four, entitled "An Act for the survey and allotment of lands now 
embraced within the limits of the Flathead Eeservation, in the State 
of Montana, and the sale and disposal of all surplus lands after allot- 
ment," and the classification and appraisement made hereunder shall 
be of the same effect as provided for in said Act ; and the said Secre- 
tary is hereby authorized to dispose of all lands classified as "bar- Disposal of. 
ren," " burned over," and " containing small timber," under such 
rules and regulations as he may prescribe, at not less than their ap- 
praised value. 

******* 

Approved, June 25, 1910. (36 Stat. L., p. 863.) 



AN ACT Making appropriations for the current and contingent expenses of 
the Bureau of Indian Affairs, for fulfilling treaty stipulations with various 
Indian tribes, and for other purposes, for the fiscal year ending June thirtieth, 
"nineteen hundred and twelve. 

Be it enacted by the Senate and House of Representatives of the 
United State's of America in Congress assembled— 



For the construction of irrigation systems to irrigate the allotted 
lands of the Indians of the Flathead Eeservation, in Montana, and 
the unallotted irrigable lands to be disposed of under authority of 
law, including the necessary surveys, plans, and estimates, four hun- 
dred, thousand dollars. 



Irrigation. 



In the issuance of patents for all tracts of land bordering upon 
Flathead Lake, Montana, it shall be incorporated in the patent that 
" this conveyance is subject to an easement of one hundred linear feet 
back from a contour of elevation nine feet above the high-water mark 
of the year nineteen hundred and nine of Flathead Lake, to remain 
in the Government for purposes connected with the development of 
water power." 



Easement re- 
served for water 
power. 



Approved, March 3, 1911. (36 Stat. L., p. 1066.) 



AN ACT Authorizing the Secretary of the Interior to classify and appraise 
unallotted Indian lands. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the Secretary 
of the Interior be, and he is hereby, authorized to cause to be classi- 
fied or reclassified and appraised or reappraised, in such manner as 
he may deem advisable, the unallotted or otherwise unreserved lands 



Indian Reserva- 
tions. 

Classification, etc., 
of unallotted lands 
authorized. 



IS ACTS RELATING TO FLATHEAD INDIAN RESERVATION. 

within any Indian reservation opened to settlement and entry but not 
classified and appraised in the manner provided for in the Act or 
Acts opening such reservations to settlement and entry, or where the 
existing' classification or appraisement is, in the opinion of the Secre- 
tary of the Interior, erroneous. 

Approved, June 6, 1912. (37 Stat. L., p. 125.) 



AN ACT Authorizing the sale of certain lands in the Flathead Indian Reserva- 
tion to the town of Ronan, State of Montana, for the purposes of a public 
park and public-school site. 

Be it enacted by the Senate and House of Representatives of the 
Ronan Montana to United States of America in Congress assembled, That the Secre- 
tary of the Interior be, and he is hereby, authorized, in his discretion, 
to sell and convey to the town of Ronan, Montana, under such terms, 
conditions, and regulations as he may prescribe, not to exceed twenty 
acres of unallotted tribal land within the Flathead Indian Reserva- 
tion, at not less than its appraised price; said lands to be used by 
Proviso. the town of Ronan for school, park, or other public purposes : Pro- 

of tHbe. b ' vided, That the net proceeds received from the sale of said lands shall 

be deposited in the Treasury of the United States to the credit of the 
Flathead Indians and draw interest at the rate now provided by 
law, and may thereafter be used for the benefit of said Indians. 
Approved, July 10, 1912. (37 Stat. L., p. 192.) 



AN ACT Providing for patents on reclamation entries, and for other purposes. 

Reclamation Act. Be it enacted by the Senate and House of Representatives of the 
de^ to eS re e ceive S pat- United States of America in Congress assembled, That any home- 
ent' when cond i- stead entryman under the Act of June seventeenth, nineteen hundred 
^voi^f.V 388. and two, known as the reclamation Act, including entrymen on 
ceded Indian lands, may, at any time after having complied with 
the provisions of law applicable to such lands as to residence, recla- 
mation and cultivation, submit proof of such residence, reclamation 
Final water-right and cultivation, which proof, if found regular and satisfactory, 
certificates. shall entitle the entryman to a patent, and all purchasers of water- 

right certificates on reclamation projects shall be entitled to a final 
water-right certificate upon proof of the cultivation and reclamation 
of the land to which the certificate applies, to the extent required 
p'a° men't in full by ^ ne reclamation Act for homestead entrymen : Provided, That no 
required. such patent or certificate shall issue until all sums due the United 

States on account of such land or water right at the time of issuance 
of patent or certificate have been paid. 
Lien reserved to Sec. 2. That every patent and water-right certificate issued under 
united states. t ^ s ^ ct ^^ eX p ress iy reS erve to "the United States a prior lien on 
the land patented or for which water right is certified, together with 
all water rights appurtenant or belonging thereto, superior to all 
other liens, claims or demands whatsoever for the payment of all 
sums due or to become due to the United States or its successors in 
control of the irrigation project in connection with such lands and 
water rights. 
Forfeiture of Upon default of payment of any amount so due title to the land 
payment. e au ° shall pass to the United States free of all encumbrance, subject to 
the right of the defaulting debtor or any mortgagee, lien holder, 
judgment debtor, or subsequent purchaser to redeem the land within 
one year after the notice of such default shall have been given by 
payment of all moneys due, with eight per centum interest and cost. 



ACTS RELATING TO FLATHEAD INDIAN RESERVATION. 19 

And the United States, at its option, acting through the Secretary ize | ale - etc - autnor - 

of the Interior, may cause land to be sold at any time after such 

failure to redeem, and from the proceeds of the sale there shall be 

paid into the reclamation fund all moneys due, with interest as 

herein provided, and costs. The balance of the proceeds, if any, 

shall be the property of the defaulting debtor or his assignee : Pro- sTd d°in g in by 

vided, That in case of sale after failure to redeem under this section United states. 

the United States shall be authorized to bid in such land at not more 

that the amount in default, including interest and costs. 

Sec. 3. That upon full and final payment being made of all certificate of final 
amounts due on account of the building and betterment charges to paymen ■ 
the United States or its successors in control of the project, the 
United States or its successors, as the case may be, shall issue upon 
request a certificate certifying that payment of the building and 
betterment charges in full has been made and that the lien upon the 
land has been so far satisfied and is no longer of any force or effect 
except the lien for annual charges for operation and maintenance: 
Provided, That no person shall at any one time or in any manner, Proviso. 
except as hereinafter otherwise provided, acquire, own, or hold irrig- limited. 6 
able land for which entry or water right application shall have been 
made under the said reclamation Act of June seventeenth, nineteen 
hundred and two, and Acts supplementary thereto and amendatory 
thereof, before final payment in full of all instalments of building 
and betterment charges shall have been made on account of such 
land in excess of one farm unit as fixed by. the Secretary of the 
Interior as the limit of area per entry of public land or per single 
ownership of private land for which a water right may be pur- 
chased respectively, nor in any case in excess of one hundred and Excess acquired 
sixty acres, nor shall water be furnished under said Acts nor a water by descent ' etc - 
right sold or recognized for such excess; but any such excess land 
acquired at any time in good faith by descent, by will, or by fore- 
closure of any lien may be held for two years and no longer after its n iMted ei excess f pr ° 
acquisition; and every excess holding prohibited as aforesaid shall 
be forfeited to the United States by proceedings instituted by the 
Attorney General for that purpose in any court of competent juris- 
diction ; and this proviso shall be recited in every patent and water- 
right certificate issued by the United States under the provisions of 
this Act. 

Sec. 4. That the Secretary of the Interior is hereby authorized to Agents to receive 
designate such bonded fiscal agents or officers of the Reclamation paymen s - 
Service as he may deem advisable on each reclamation project, to 
whom shall be paid all sums due on reclamation entries or water 
rights, and the officials so designated shall keep a record for the Record to be kept, 
information of the public of the sums paid and the amount due at 
any time on account of any entry made or water right purchased 
under the reclamation Act; and the Secretary of the Interior shall 
make provision for furnishing copies of duly authenticated records e ta° Pies ° f records ' 
of entries upon payment of reasonable fees, which copies shall be 
admissible in evidence, as are copies authenticated under section 16 |- s -> sec - 888 > &• 
eight hundred and eighty-eight of the Revised Statutes. 

Sec. 5. That jurisdiction of suits by the United States for the ^^ in 
enforcement of the provisions of this Act is hereby conferred on the 
United States district courts of the districts in which the lands are 
situated. 

Approved, August 9, 1912. (37 Stat. L., p. 265.) 



20 ACTS RELATING TO FLATHEAD INDIAN RESERVATION. 

AN ACT Making appropriations for the current and contingent expenses of 
the Bureau of Indian affairs, for fulfilling treaty stipulations with various 
Indian tribes, and for other purposes, for the fiscal year ending June thirtieth, 
nineteen hundred and thirteen. 

Be it enacted by the Senate and House of Representatives of the 
United. States of America in Congress assembled — 

Indians "* 1 ot °" ° f ^ or su PP or t and civilization of Indians at Flathead Agency, Mon- 
tana, including pay of employees, nine thousand dollars. 

$ $ * * . . * ' * * 

tom7 isation sys -^ 0r continuing the construction of irrigation systems to irrigate 
the allotted lands of the Indians of the Flathead Reservation, in 
Montana, and the unallotted irrigable lands to be disposed of under 
authority of law, including the necessary surveys, plans, and esti- 
voi m 3e r p er 27t' ma £es, two hundred thousand dollars, reimbursable in accordance 
with the provisions of the Act of April fourth, nineteen hundred 
and ten. 

& * * * * * * 

buildings, "sfte^et* There is hereby appropriated the sum of forty thousand dollars, 
to remain available until expended, and the Secretary of the In- 
terior is hereby authorized and empowered to use said money, or so 
much thereof as may be necessary, in the erection of buildings for 
agency purposes on the Flathead Indian Reservation in Montana; 
for the purchase of lands therein for an agency site not to exceed 
eighty acres if such is deemed by the Secretary of the Interior to be 
necessary for the proper location of such agency ; for the expenses of 
the removal of the agency to the new site selected ; and for the pro- 
tection and repair of any other buildings required for the efficient 
Reimbursement conduct of the affairs of the Flathead Indians in Montana: Provided, 

ber^aiesf and tim " That the entire sum expended hereunder for the purposes herein men- 
tioned shall be reimbursed the United States from the proceeds 
arising from the sale of lands and timber within the Flathead Indian 
Reservation. 

gingl^ipment ami There is hereby appropriated the sum of twenty thousand dollars 

operation. to remain available until expended, and the Secretary of the Interior 

is authorized to use this money, or so much therof as he may deem 

necessary, in the purchase of a sawmill and logging equipment and 

the employment of suitable persons to manufacture and to lumber 

burned timber on the Flathead Indian Reservation, Montana, and to 

Reimbursement, protect the remaining timber from fire and trespass : Provided, That 

the sum expended under authority of this Act shall be reimbursed 

the United States from the proceeds arising from the sale of lands 

and timber within said reservation under existing Acts of Congress. 

******* 

water* 3 e ower n modi- That so much of the Act of Congress approved March third, nine- 
eed. er P ° wer m ° ' teen hundred and eleven (Thirty-sixth Statutes at Large, page one 
vol. 36, p. 1066. thousand and sixty-six), which provides for the reservation of an 
easement over tracts of land bordering Flathead Lake, Montana, be, 
and the same hereby is, amended to read as follows : " That an ease- 
ment in, to, and over all lands bordering on or adjacent to Flathead 
Lake, Montana, which lie below an elevation of nine feet above the 
high-water mark of said lake for the year nineteen hundred and nine, 
is hereby reserved for uses and purposes connected with storage for 
irrigation or development of water power, and all patents hereafter 
issued for any such lands shall recite such reservation." 

******* 

Approved, August 24, 1912. (37 Stat. L., p. 526.) 



ACTS RELATING TO FLATHEAD INDIAN RESERVATION. 21 

AN ACT Making appropriations for tlie current and contingent expenses of the 
Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian 
tribes, and for other purposes, for the fiscal year ending June thirtieth, nine- 
teen hundred and fourteen. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled — 

For continuing the construction of irrigation systems to irrigate irrigation, 
the allotted lands of the Indians of the Flathead Keservation, in prop e riation S . a 
Montana, and the unallotted irrigable lands to be or which have been 
heretofore disposed of under authority of law, including the necessary 
surveys, plans, and estimates, $325,000, to be immediately available, 
reimbursable in accordance with the provisions of the Act of April 
fourth, nineteen hundred and ten. 

******* 

Approved, June 30, 1913. (Public, No. 4.) 



AN ACT To extend the provisions of the Act of June twenty-third, nineteen 
hundred and ten (Thirty-sixth Statutes at Large, page five hundred and 
ninety-two), authorizing assignment of reclamation homestead entries, and 
of the Act of August ninth, nineteen hundred and twelve (Thirty-seventh 
Statutes at Large, page two hundred and sixty-five), authorizing the issuance 
of patents on reclamation homestead entries, to land in the Flathead irriga- 
tion project, Montana. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the provisions 
of the Act of June twenty-third, nineteen hundred and ten (Thirty- 
sixth Statutes at Large, page five hundred and ninety-two), authoriz- Homestead en- 
ing the assignment under certain conditions of homesteads within tries. 
reclamation projects, and of the Act of August ninth, nineteen hun- 
dred and twelve (Thirty-seventh Statutes at Large, page two hun- 
dred and sixty-five), authorizing under certain conditions the issu- 
ance of patents on reclamation entries, and for other purposes, be, 
and the same are hereby, extended and made applicable to lands 
within the Flathead irrigation project, in the former Flathead Eeser- 
vation, Montana, but such lands shall otherwise be subject to the pro- 
visions of the Act of Congress approved April twenty-third, nineteen 
hundred and four (Thirty-third Statutes at Large, page three hun- 
dred and two), as amended by the act of Congress approved May 
twenty-ninth, nineteen hundred and eight (Thirty-fifth Statutes at 
Large, page four hundred and forty-eight) : Provided, That the lien 
reserved to the United States on the land patented, as provided for in 
section two of said Act of August ninth, nineteen hundred and twelve, 
shall include all sums due or to become due to the United States on 
account of the Indian price of such land. 

Approved, July 17, 1914. (Public, No. 129, 63d Cong.) 



AN ACT Making appropriations for the current and contingent expenses of the 
Bureau of Indian Affairs, for fulfilling treaty stipulations with various 
Indian tribes, and for other purposes, for the fiscal year ending June thirtieth, 
nineteen hundred and fifteen. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled- — 

******* 

For support and civilization of Indians at Flathead Agency, Mon- 
tana, including pay of employees, $12,000. 

******* 



22 ACTS RELATING TO FLATHEAD INDIAN RESERVATION. 

Reimbursable ap- ^or continuing the construction of irrigation systems to irrigate 
propria tionV the allotted lands of the Indians of the Flathead Reservation, in 

Montana, and the unallotted irrigable lands to be or which have been 
heretofore disposed of under authority of law, including the neces- 
sary surveys, plans, and estimates, $200,000, reimbursable in accord- 
ance with the provisions of the Act of April fourth, nineteen hundred 
and ten, and to remain available until expended. 

Approved, August 1, 1914. (Public, No. 160, 63d Cong.) 



APPENDIX. 



Opening Flathead, Coeur d'Alene, and Spokane Lands 

By the President of the United States. 

A PROCLAMATION. 

I, William H. Taft, President of the United States of America, by 
virtue of the power and authority vested in me by the Acts of Con- 
gress hereinafter named, do hereby prescribe, proclaim and make 
known that all the nonmineral, unreserved lands classified as agri- 
cultural lands of the first class, agricultural lands of the second class 
and grazing lands within the Flathead Indian Reservation in the 
State of Montana under the Act of Congress approved April 23, 
1904 (33 Stat. L., 302), which have not been withdrawn under the 
Act of Congress approved June 17, 1902 (32 Stat. L., 388) ; all the 
nonmineral, unreserved lands classified as agricultural lands within 
the Spokane Indian Eeservation in the State of Washington under 
the Act of Congress approved May 29, 1908 (35 Stat. L., 458) ; and 
all the nonmineral, unreserved lands classified as agricultural lands, 
grazing lands and timbered lands in the Coeur d'Alene Indian Ees- 
ervation in the State of Idaho under the Act of Congress approved 
June 21, 1906 (34 Stat. L., 335), shall be disposed of under the provi- 
sions of the homestead laws of the United States and said Acts of 
Congress and be opened to settlement and entry in the following 
manner and not otherwise: 

1. All persons qualified to make a homestead entry may, on and 
after the fifteenth day of July and prior to and including the fifth 
day of August, 1909, but not theretofore or thereafter, present to 
James W. Witten, Superintendent of the Opening, at the City of 
Coeur dAlene in the State of Idaho, by ordinary mail, but not in 
person or by registered mail or otherwise, sealed envelopes contain- 
ing their applications for registration for lands in any or all of said 
Reservations, but no envelope should contain more than one applica- 
tion and no person should present more than one application for 
lands in the same Reservation. 

2. All applications for registration must be on forms furnished by 
the General Land Office, and they must show the name, postoffice ad- 
dress, age, height and weight of the applicant, and be sworn to by 
him on or after July 15, and prior to and including August 5, 1909, 
before some notary public designated by said Superintendent. 

3. Applications for registration must be sworn to at the following 
places and not elsewhere. Applications for Flathead lands must be 
sworn to at either Kalispell or Missoula, Montana, for Spokane lands 
at Spokane, Washington, and for Coeur dAlene lands at Coeur 
dAlene, Idaho. 

4. Persons who were honorably discharged after ninety days' serv- 
ice in the Army or Navy of the United States, during the War of the 
Rebellion, the Spanish- American War, or the Philippine Insurrec- 
tion, or their widows or minor orphan children, may present their 
applications for registration, either in person or through their duly 
appointed agents, but no person can act as agent for more than one 
such applicant and all applications presented by agents must be 
signed, sworn to and presented by them at the same places and in 

25 



26 APPENDIX. 

the same manner in which other applicants are required to present 
their applications. 

5. Beginning at ten o'clock a. m. on August 9, 1909, at the City of 
Coeur d'Alene in the State of Idaho and continuing thereafter from 
da}' to day. Sunda}'S excepted, as long as ma}' be necessary, there shall 
be impartially taken and selected indiscriminately from the whole 
number of enyelopes so presented such number thereof as may be 
necessary to carry into effect the provisions of this Proclamation, and 
the applications for registration contained in the envelopes so selected 
shall, when correct in form and execution, be numbered serially in 
the order in which they are selected, beginning with number one for 
the lands within each of said Reservations, and the numbers thus 
assigned shall fix and control the order in which the persons named 
therein may make entry after the lands shall become subject to entry. 

6. A list of the successful applicants, showing the number assigned 
to each of them, will be conspicuously posted and furnished to the 
press for publication as a matter of news, and a proper notice will be 
promptly mailed to each person to whom a number is assigned. 

7. Beginning at nine o'clock a. m. on April 1, 1910, and continuing 
thereafter on such dates as may be fixed by the Secretary of the Inte- 
rior, persons holding numbers assigned to them under this Proclama- 
tion will be permitted to present their applications to enter (or file 
their declaratory statements in cases where they are entitled to file 
declaratory statements) at the land office for any land district in 
which their numbers entitle them to make entry, in the order in 
which their applications for registration were selected and numbered, 
but no person can present more than one application to enter or file 
more than one declaratory statement. 

8. If any person fails to apply to enter, (or to file a declaratory 
statement if he is entitled to do so) , on the day assigned him for that 
purpose, or if he presents more than one application for registration 
for lands within the same Eeservation, or presents an application in 
any other than his true name, he will forfeit his right to make entry 
or filing under this proclamation. 

9. None of the lands opened to entry under this Proclamation shall 
become subject to settlement or entry prior to the first day of Septem- 
ber, 1910, except in the manner prescribed herein; and all persons are 
admonished not to make any settlement prior to that date on lands 
not covered by entries or filings made by them under this Proclama- 
tion. On September 1, 1910, all of said lands which have not then 

. been entered under this Proclamation will become subject to settle- 
. ment and entry under the general provisions of the homestead laws 
and the said Acts of Congress. 

10. The Secretary of the Interior shall make and prescribe such 
rules and regulations as may be necessary and proper to carry this 
Proclamation and the said Acts of Congress into full force and effect. 

In Witness Whereof I have hereunto set my hand and caused the 
seal of the United States to be affixed. 

Done at the City of Washington this twenty-second day of May, 
in the year of our Lord one thousand nine hundred and nine, and of 
the Independence of the United States the one hundred and thirty- 
third. 

[seal.] 

WM. H. TAFT. 
By the President: 
P. C. Knox, 

Secretary of State. 



APPENDIX. 27 

Regulations Opening Flathead, Coeur d'Alene, and Spokane Lands. 

Department of the Interior, 

General Land Office, 
Washing ton, D. C, May, 1909. 
James W. Witten, 

Superintendent of Opening and Sale of Indian Lands. 
Sir : Pursuant to the Proclamation of the President issued May 22, 
1909, for the opening to settlement and entry of certain lands within 
the Flathead Indian Reservation in the State of Montana, the Coeur 
d'Alene Indian Reservation in the State of Idaho and the Spokane 
Indian Reservation in the State of Washington, under the Acts of 
Congress named therein, the following rules and regulations are 
hereby prescribed : 

1. - Applications for registration. — Any person qualified to make a 
homestead entry may present application for registration for lands 
in any or all of said reservations, but his application must be sworn 
to at Coeur d Alene, Idaho, if he registers for Coeur d Alene lands ; at 
either Kalispell or Missoula, Montana, if he registers for Flathead 
lands ; and at Spokane, Washington, if he registers for Spokane lands. 

2. Applications for registration and powers of attorney for the ap- 
pointment of agents by soldiers or sailors, or their widows or minor 
orphan children, should be substantially, in words and form, like 
those hereto attached. 

3. All envelopes in which applications for registration are to be 
mailed should be three and one-half inches wide and six inches long, 
and they must be plainly addressed to " James W. Witten, Superin- 
tendent, Coeur d'Alene, Idaho," and the name of the reservation em- 
bracing the lands which the applicant desires to enter must be plainly 
written or printed across the front and at the left end of the envelope. 
All envelopes should be securely sealed and have the requisite postage 
stamps attached thereto, before they are placed in the mail. 

4. No envelope should contain more than one application for regis- 
tration or contain any other paper than the application and agent's 
authority. Proof of naturalization and of military service, and other 
proof required (as in case of second homestead entries) will be ex- 
acted before the entry is allowed, but should not accompany the 
application for registration. 

5. Blank forms of application for registration and addressed en- 
velopes to be used in forwarding applications to the Superintendent 
will be furnished to each applicant by the Superintendent through 
the notaries public before whom the applicants are sworn. Blank 
powers of attorney to be used by soldiers or sailors, or their widows 
or minor orphan children, in the appointment of agents may be ob- 
tained from the Superintendent at Washington, D. C, prior to July 
5, 1909, and after that date from him at Coeur d'Alene, Idaho. 

6. Method of receiving and handling applications. — As soon as the 
Superintendent of the Opening receives an envelope addressed to 
him, with the name of any of the reservations endorsed thereon, he 
will (if such envelope bears no distinctive marks or words indicating 
the name of the person by whom it was presented) deposit it in a 
metal can set apart for the reception of all envelopes bearing a like 
endorsement. The cans used for this purpose must be so constructed 
as to prevent envelopes deposited therein from being removed there- 
from, without detection, and they must be safely guarded by repre- 
sentatives of the Government, until they are publicly opened on the 
day when the selections authorized by the Proclamation are to be 
made. All envelopes which show the name of the person by whom 



28 APPENDIX. 

they were mailed will be at once opened and the applications therein 
will be returned to the applicants. 

7. Method of assigning numbers to applicants. — On August 9,1909, 
the cans containing the applications for registration presented by 
persons who desire to enter Coeur d'Alene lands will be publicly 
opened and all envelopes contained therein will be thoroughly mixed 
and distributed preparatory to the selection and numbering thereof in 
the manner directed by said Proclamation. 

8. After selections of envelopes, and assignments of numbers have 
been made from the applications presented by persons desiring to 
enter lands within the Coeur d'Alene Indian Reservation, the cans 
containing applications for registration presented by persons who 
desire to enter lands within the Flathead Indian Reservation will be 
opened, and all envelopes contained therein will be thoroughly mixed 
and distributed, preparatory to the selection and numbering thereof 
in the manner directed by said Proclamation. 

9. After selections of envelopes, and assignments of numbers have 
been made from the applications deposited by persons desiring to 
enter lands within the Flathead Indian Reservation, the cans con- 
taining applications for registration presented by persons who desire 
to enter lands within the Spokane Indian Reservation will be opened, 
and all envelopes contained therein will be thoroughly mixed and 
distributed, preparatory to the selection and numbering thereof in 
the manner directed by said Proclamation. 

10. Numbers will not be assigned to a greater number of persons 
than will be reasonably necessary to induce the entry of all the lands 
subject to entry in each of said reservations under said Proclamation. 
The applications for registration presented by persons to whom 
numbers are not assigned will be carefully arranged and inspected, 
and if it is found that any person has presented more than one appli- 
cation for lands in the same reservation, or presented his application 
in any other than his true name, or in any other manner than that 
directed by said Proclamation, he will be denied the right to make 
entry under any number assigned to him. 

11. When an application for registration has been selected and num- 
bered, as prescribed by said Proclamation, the name and address of 
the applicant and the number assigned to him will be publicly an- 
nounced, and the application will be filed in the order in which it 
was numbered. 

12. All selected applications which are not correct in form and exe- 
cution will be stamped " Rejected — Imperfectly Executed," and filed 
in the order in which they were rejected. 

13. Notices of numbers assigned will be promptly mailed to all per- 
sons to whom they are assigned, and to their agents, in cases where 
numbers are assigned to soldiers who registered by agents, at the 
postoffice address given in their applications for registration, but no 
notice whatever will be sent to persons to whom numbers are not 
assigned. All persons who present applications for registration 
should, in their own behalf, employ such means as will insure their 
receiving prompt and accurate information as to the names of per- 
sons to whom numbers are assigned, by subscribing to some news- 
paper which will publish a list of successful applicants, or other- 
wise, as the notices sent by the Superintendent may possibly not be 
received by them. 

14. Notices of the time and place of making entry will be mailed to 
such number of persons holding numbers as may be reasonably nec- 
essary to induce the entering of all the lands desirable for entry, and 
if any person who receives such a notice either notifies the Register 
and Receiver that he does not intend to make entry, or fails to make 
entry on the day assigned him for that purpose, the person holding 



APPENDIX. 29 

the lowest number to "whom no date for entry has been assigned will 
be at once notified that he will be permitted to make entry on a date 
named in such notice, after all persons holding numbers lower than 
his have had opportunity to make entry. 

15. Notice of intention not to make entry. — If any person who re- 
ceives a notice of the date on which he may make entry becomes satis- 
fied at any time that he will not make entry under the number assigned 
to him, he should at once inform the Register and Receiver of that 
fact, in order that some other person holding a higher number may be 
given the right to make entry. 

16. Postoffice address. — All persons who change their postoffice ad- 
dresses from the addresses given in their applications for registration 
should request the postmaster at their former addresses to forward 
their mail to their new addresses and notify the Register and Receiver 
of such change of address. 

17. Method of making entry. — Persons who receive notice of their 
right to make entry for Coeur d'Alene lands must present their ap- 
plications at the United States land office at Coeur d'Alene, Idaho; 
persons who receive notice of their right to make entry for Flathead 
lands must present their applications either at Kalispell for Flathead 
lands in the Kalispell district, or at Missoula for Flathead lands in 
the Missoula district; and persons who receive notice of their right 
to make entry for Spokane lands must present their applications at 
Spokane. Persons holding numbers which entitle them to make 
entry in more than one Reservation may, at their own election, make 
entry in any Reservation. 

18. Persons holding numbers from 1 to 50, inclusive, must present 
their applications to make entry at the land office at which they are 
entitled to make entry between the hours of 9 o'clock a. m. and 4.30 
p. m., on April 1, 1910, in the numerical order in which their num- 
bers were assigned to them ; the applications of persons holding num- 
bers from 51 to 100 must be similarly presented on April 2, 1910; 
the applications of persons holding numbers 101 to 200 must be simi- 
larly presented on April 4, 1910 ; the applications of persons holding 
numbers 201 to 300 must be presented on April 5, 1910 ; and so on 
from day to day at the rate of 100 per day, Sundays and legal holi- 
days excepted, until all persons who have been notified to appear and 
make entry have been given an opportunity to do so. 

19. If any person who has been assigned a number entitling him to 
make entry fails to appear and present his application for entry 
when the number assigned him is reached, his right to enter will be 
passed until after all other applicants assigned for that day have been 
disposed of, when he will be afforded another opportunity to make 
entry on that day, failing in which he will be deemed to have aban- 
doned his right to make entry prior to September 1, 1910. 

If any person holding a number dies before the date on which he is 
required to make entry, his widow, or any one of his heirs may ap- 
pear and make entry under his number on that date, but not there- 
after. ,•'-,. 

20. At the time of appearing to make entry, each applicant must, 
by affidavit, show his qualifications to make a homestead entry. If an 
applicant files a soldier's declaratory statement, either in person or by 
agent, he must furnish evidence of his military service and honorable 
discharge. All foreign-born persons must furnish either the original 
or copies of their declaration of intention to become citizens (" first 
paper") or copies of the order of the court admitting them to full 
citizenship (" second papers ") . If persons who were not born in the 
United States claim citizenship through their fathers' naturalization 
while they were under twenty-one years of age, they must furnish a 



80 APPENDIX. 

copy of the order of the court admitting their fathers to full citizen- 
ship (or their fathers' "second papers ). 

21. The usual nonmineral and nonsaline affidavits will not be re- 
quired_ with applications to enter made prior to September 1, 1910, 
but evidence of the nonmineral and nonsaline character of the lands 
entered before that date must be furnished by the entrymen, before 
their final proofs are accepted. 

22. Proceedings on contests and rejected applications. — When the 
Eegister and Eeceiver of the land office at which these lands will be- 
come subject to entry for any reason reject the application of any 
person claiming the right to make entry, under any number assigned 
to him, they will at once advise him of the rejection and of his right 
of appeal, and further action thereon shall be controlled by the fol- 
lowing rules, and not otherwise : 

a. Applications either to file soldier's declaratory statement or to 
make homestead entry of these lands must, on presentation in accord- 
ance with these regulations, be at once accepted or rejected, but the 
local land officers may, in their discretion, permit amendment of 
defective applications during the day only on which they are pre- 
sented. If properly amended on the same day entry may be per- 
mitted after the numbers for the day have been exhausted, in their 
numerical order. 

b. No appeal to the General Land Office will be allowed or con- 
sidered unless taken within one day (Sundays excepted) after the 
rejection of the application. 

c. After the rejection of an application, whether an appeal be 
taken or not, the land will continue to be subject to entry as before, 
excepting that any subsequent applicant for the same land must be 
informed of the prior rejected application and that his application, 
if allowed, will be subject to the disposition of the prior application, 
upon appeal if any be taken from the rejection thereof, which fact 
must be noted upon the receipt issued him and upon the application 
allowed. 

d. Where an appeal is taken the papers will be immediately for- 
warded to the General Land Office, where they will at once be care- 
fully examined and forwarded to the Secretary of the Interior with 
appropriate recommendation, when the matter will be promptly 
decided and closed. 

e. Applications filed prior to September 1, 1910, to contest entries 
allowed for these lands, will also be immediately forwarded to the 
General Land Office, where they will be at once carefully examined 
and forwarded to the Secretary of the Interior, with proper recom- 
mendation, when the matter will be promptly decided. 

/. These regulations will supersede, during the period between 
April 1, 1910, and September 1, 1910, any Rule of Practice or other 
regulation governing the disposition of applications with which they 
may be in conflict, in so far as they relate to the lands affected b} r 
these regulations, and will apply to all appeals taken from actions 
of local officers during that period affecting any of these lands. 

23. No notary public shall be designated for the purpose of admin- 
istering oaths to applicants for registration who was not appointed 
prior to June 1, 1909, and on that date a resident of the county in 
which he shall act. 

Very respectfully, 

FRED DENNETT, 

Commissioner. 
Approved May 24, 1909 : 
R. A. Ballingek, 

Secretary. 



APPENDIX. 31 

PRESCRIBED FORMS OF APPLICATIONS FOR REGISTRATION. 

I, , of 

post-office, aged years, height feet inches, weight pounds 

in support of this, my application for registration for lands 

do solemnly swear that I am a citizen of the United States, or have declared 
my intention to become such ; that I am not the owner of more than 160 acres 
of land, and have not heretofore made any entry or acquired any title to public 
lands which disqualify me from making homestead entry; that I honestly desire 
to enter public lands for my own personal use as a home and for settlement 
and cultivation, and not for speculation or in the interest of some other person; 
that I present this application for that purpose only, and have not presented 
and will not present any other affidavit of this kind. 



The foregoing was subscribed and sworn to before me, after it was read 

to or by affiant, this day of , 19 , 

at 



This application must be sworn to at the place named in the proclamation. 

Note. — Blank affidavits of this kind will be furnished by the notaries before whom they 
are sworn to. Copies must not be printed and furnished by others. 

Soldiers' Power of Attorney, 
agent's affidavit. 

I, of 

post-office, aged years, height ft in , and weight 

lbs., do solemnly swear that I am the duly appointed agent of 

__^ , of post-office, 

who desires to make entry of lands under section 2304, Revised Statutes of the 
United States, as amended by the act of March 1, 1901, at the land opening 
authorized by the proclamation issued May 22, 1909; and that I have not 
presented and will not present an affidavit of this character for any other 
person. 



Subscribed and sworn to before me this day of , 19 , 

at 



This agent's application must be sworn to by him at one of the places men- 
tioned in the proclamation. 

Soldier's and Sailor's Affidavit. 

I, of 

post-office, do solemnly swear that I am qualified to make homestead entry and 
entitled to the benefits of section 2304, Revised Statutes of the United States, as 

amended by the act of March 1, 1901 ; that I hereby appoint „ 

my agent and attorney in fact 

to present my application for registration for the land opening authorized by the 
proclamation issued May 22, 1909, and to thereafter file a declaratory statement 
for me under section 2309, Revised Statutes of the United States, for any lands 
embraced in said opening; that I make this affidavit in good faith for the sole 
purpose of securing public lands for a home for myself, and for the purposes of 
settlement and cultivation, and not for speculation ; that I have not presented 
and will not personally present an affidavit under said proclamation nor author- 
ize any other person than the one named above to present such an affidavit for 
me. The name of my agent was written into this affidavit before it was sworn 
to by me. 



Subscribed and sworn to before me , 19_ 



This may be sworn to before any officer using a seal, in any State or Territory. 

Note. — Blank forms of this power of attorney will be furnished by the superintendent, 
or copies thereof which are exact reproductions, in spacing and size of type, may be 
printed and furnished by other persons, but they must be printed on heavy light blue 
paper, and be exactly three and one-quarter inches wide and five and three-quarter 
inches long. If an agent registers for more than one reservation he must present a power 
of attorney for each reservation registered for. If a soldier desires to register for two 
reservations he must give two powers of attorney, if for three reservations, three powers 
of attorney to the same or different persons. He cannot be registered for more than one 
reservation under one power of attorney. 



LIBRARY OF CONGRESS 



017 060 604 8 



INDEX 



Page. 
Act opening Flathead Indian Reservation 3 

Agency buildings 22 

Appraisement commission: 

Appointment of 3 

Compensation and time limit 4 

Composition and organization H 

Duties of 3 

Duties of 8 

Expense 10,13 

Allotments : 

Condemnation of, on reservoir sites 17 

Reservations to exchange for relinquished 17 

Sale of, on irrigable lands 17 

Under opening act 3 

Assignments : 

Homestead entries 17, 23 

Bison range 10, 15, 16 

Irrigation system : 

Construction of 13, 16, 22, 23, 24 

Preliminary survey, plans, and estimates 10 

Intoxicants prohibited 14 

Lands : 

Classification 4, 18, 19 

Commutation 5, 12 

Disposal of 4, 18 

Excepted „ 4 

Forfeiture 5,12 

Irrigable — 

Reclamation of 12 

Sale of allotments 17 

Unallotted 13 

Liability of United States 6 

Lieu selections 4 

Mineral 4, 5 

Opening of 4, 11 

Patents 5 

Payments 5, 11 

Proceeds 6 

Reserved — 

Agency . 6 

Camas Hot Springs 9 

Fuel supply 7 

Power sites 14, 19, 22 

Religious 5, 7 

Town sites 8 

University of Montana 7 

Survey, expense of 9,10,18 

Patents to purchasers of Indian lands 11 

Poison Bay 18 

Power sites 14, 19, 22 

Reclamation act, patents under 20 

Reimbursable appropriations 14, 16, 22, 23, 24 

Ronan, Mont, sale of tract to 20 

Sawmill and logging equipment 22 

Timber 4, 5, 14 

Town sites 8 

Villa sites 16 

Water rights: 

Certificates 20 

Indian 9, 12 

Payment for 12 

32 

o 



LIBRARY 




01 



Consem 
Lig-Fi 

Ph8. 



LIBRARY OF CONGRESS 





017 060 604 8 



reservation Resources 



